HomeMy WebLinkAboutMINUTES - 08182015 - D.5RECOMMENDATION(S):
1. OPEN a public hearing on the Board-initiated reversion to acreage of Subdivision SD04-08920, RECEIVE and
consider all public testimony, and CLOSE the public hearing.
2. ADOPT reversion to acreage findings as set forth in Government Code section 66499.16, subdivisions (a) and
(b)(2), as to SD04-08920.
3. ADOPT conditions for reversion to acreage as set forth in Government Code section 66499.17, subdivisions (b)-(c).
4. ADOPT Resolution No. 2015/252 approving the final map of the reversion, entitled “Map Reverting to Acreage
Lots 1 thru 25 Inclusive, Balmore Court and Cecile Circle Subdivision 8920.”
5. FIND that the reversion to acreage of SD04-08929 is exempt from review under the California Environmental
Quality Act (CEQA), pursuant to CEQA Guidelines section 15061, subdivision (b)(3), in that it can be seen with
certainty that there is no possibility that the reversion will have a significant effect on the environment.
6. DIRECT the Conservation and Development Director, or designee, to file a Notice of Exemption with the County
Clerk, and DIRECT the Public Works Director, or designee, to arrange for
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/18/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: W.Lai, Eng. Svcs.
925-313-2180
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: August 18, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 18, 2015
Contra
Costa
County
Subject:HEARING to consider reversion to acreage of Subdivision SD04-08920 & finding of exemption under the California
Environmental Quality Act, El Sobrante
RECOMMENDATION(S): (CONT'D)
payment of the $50 filing fee to the County Clerk.
7. DIRECT the Clerk of the Board to execute a Notice of Reversion to Acreage substantially in the form attached,
pursuant to County Ordinance Code section 924-2.010, subdivision (c), and DIRECT the Public Works Director,
or designee, to arrange for its recording concurrently with the final map.
FISCAL IMPACT:
Staff costs associated with the reversion will be funded by available revenues from a cash security deposit and
fees paid by the subdivider and funds obtained in a settlement of associated litigation.
BACKGROUND:
SD04-08920 is a 25-lot subdivision located at the terminus of Balmore Court in the El Sobrante Area. On October
2, 2007, the Board adopted Resolution No. 2007/546, approving the recordation of a final map, execution of a
Subdivision Agreement and an associated subdivision improvement surety bond for this subdivision. The
subdivider is KPR Balmore Manor, LLC, and the surety is Insurance Company of the West. The current owner of
the subdivision property is 1486 Investors, LLC. Per the Subdivision Agreement, the subdivider was required to
complete the subdivision improvements within two years of execution (i.e., by October 2, 2009). However, the
subdivider failed to install any of the required road and drainage improvements or renew the Subdivision
Agreement.
Public Works staff notified the subdivider of its obligation to complete the improvements and keep the
Subdivision Agreement current. Public Works staff also notified Insurance Company of the West of the
subdivider’s breach of the Subdivision Agreement and requested that the surety company honor its obligation to
complete the required improvements. Staff also attempted to reach a resolution with the current owners of the
subdivision property. After it became clear that these informal attempts to resolve the matter would not succeed,
the County filed an action against KPR Balmore Manor, LLC, and Insurance Company of the West on September
27, 2013. The litigation culminated in a Settlement Agreement with Insurance Company of the West, which took
effect March 9, 2015. The Settlement Agreement required the Public Works Department to make a presentation to
the Board for a reversion to acreage of this subdivision, and required Insurance Company of the West to pay the
County $10,000 to cover costs associated with the reversion. On March 10, 2015, the Board adopted Resolution
2015/72, initiating proceedings for a reversion to acreage. The Settlement Agreement requires the reversion to be
complete on or before August 31, 2015.
A final map of the reversion has been prepared. A draft of the map, entitled “Map Reverting to Acreage Lots 1
thru 25 Inclusive, Balmore Court and Cecile Circle Subdivision 8920,” is attached.
The Board is now requested to conduct a noticed public hearing on the proposed reversion to acreage, as required
by Government Code section 66499.15, and thereafter adopt the required findings and conditions for reversion
under Government Code sections 66499.16 and 66499.17 and a resolution to approve the reversion map, in
accordance with Chapter 924-2 of the County Ordinance Code.
FINDINGS:
Government Code section 66499.16 provides that subdivided real property may be reverted to acreage only if the
Board of Supervisors finds that:
(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for
present or prospective public purposes; and
(b) Either:
(1) All owners of an interest in the real property within the subdivision have consented to reversion; or
(2) None of the improvements required to be made have been made within two years from the date the final or
parcel map was filed for record, or within the time allowed by agreement for completion of the improvements;
whichever is later; or
(3) No lots shown on the final map or parcel map have been sold within five years from the date such map was
filed for record.
As set forth below, the facts in this case support findings (a) and (b)(2). The findings in (b)(1) and (b)(3) do not
apply.
Facts Supporting Finding (a): The recorded final map of SD04-08920 (505M47) shows an offer of dedication of a
sanitary sewer easement and dedications of Balmore Court, a public utilities easement, a sanitary sewer easement
and an area designated as a “private access easement and/or Cecile Circle,” all of which were required to serve the
subdivision and, following the reversion, will be unnecessary for present or prospective public purposes. These
easements are not shown on the reversion map and will be terminated upon its recording.
Facts Supporting Finding (b)(2): The subdivider has not installed any of the improvements as required in the
Subdivision Agreement, the improvement plans for the subdivision or the conditions of approval.
CONDITIONS OF REVERSION:
Section 66499.17 of the Government Code provides that as conditions of reversion the Board of Supervisors shall
require the following:
(a) Dedications or offers of dedication necessary for the purposes specified by local ordinance following
reversion..
(b) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinance
adopted pursuant thereto.
(c) Retention of any portion of required security or deposits if necessary to accomplish the purposes of this
division of (sic) local ordinance adopted pursuant thereto.
No dedications or offers of dedication are necessary for the purposes specified by local ordinance following
reversion of this subdivision. However, fees paid by the subdivider and a cash deposit to secure the construction
of the subdivision improvements are necessary to accomplish the purposes of the Subdivision Map Act and Title 9
of the County Ordinance Code, in that the funds are needed to pay for costs associated with this reversion. By
approving Recommendation #3 above, the Board requires retention of these funds as conditions of this revision,
and approves these conditions.
CEQA EXEMPTION:
The general rule is that an activity is exempt from review under the California Environmental Quality Act
(CEQA) if it can be seen with certainty that there is no possibility that the activity may have a significant effect on
the environment. (Cal. Code Regs., tit. 14, § 15061, subd. (b)(3).) It can be seen with certainty that there is no
possibility that this reversion may have a significant effect on the environment because there will be no physical
changes to the property as a result of the reversion. The reversion rescinds the original development rights by
replacing a 25-lot map with a new one-lot map.
CONSEQUENCE OF NEGATIVE ACTION:
The reversion map will not be recorded, and the 25 parcels created with the recordation of the final map in 2007
would remain in existence, without the required subdivision improvements being installed. The settlement
agreement between the County and Insurance Company of the West would be of no further effect and the
litigation would continue.
CLERK'S ADDENDUM
Speakers: Dan Shaw, 1486 Investors, Inc. thanked the Board for the additional time and staff for exemplary
Speakers: Dan Shaw, 1486 Investors, Inc. thanked the Board for the additional time and staff for exemplary
assistance. Mr. Shaw hopes to return with a new project soon. CLOSED the public hearing. ADOPTED
conditions for reversion to acreage as set forth in Government Code section 66499.17, subdivisions (b)-(c).
ADOPTED Resolution No. 2015/292 approving the final map of the reversion; FOUND that the reversion to
acreage of SD04-08929 is exempt from review under the California Environmental Quality Act (CEQA;
DIRECTED the Conservation and Development Director, or designee, to file a Notice of Exemption with the
County Clerk, and DIRECTED the Public Works Director, or designee, to arrange for payment of the $50
filing fee to the County Clerk; DIRECTED the Clerk of the Board to execute a Notice of Reversion to Acreage;
and DIRECTED the Public Works Director, or designee, to arrange for its recording concurrently with the
final map; ADOPTED reversion to acreage findings as set forth in Government Code section 66499.16,
subdivisions (a) and (b)(2), as to SD04-08920.
ATTACHMENTS
Resolution No. 2015/252
Reversion to acreage map
Notice of Reversion to Acreage
Recording requested by,
And after recording return to:
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
APN: ___________________________
For Recorder’s use only
NOTICE OF REVERSION TO ACREAGE
This notice of reversion to acreage is recorded concurrently with the final map filed at Book ____ of
Maps, Page ___, on _______________ [date].
The final map recorded concurrently with this notice reverts to acreage the parcels created by that final
map filed at Book 505 of Maps, Page 47, on October 5, 2007.
Proceedings to initiate a reversion to acreage of Subdivision No. 8920 were authorized by the Contra
Costa County Board of Supervisors on March 10, 2015 pursuant to Board Resolution No. 2015/72 and
Government Code section 66499.12, subdivision (a). Board Resolution 2015/72 was recorded on March
10, 2015, as Recorder’s Document No. DOC-2015-0042207.
The Board of Supervisors approved the final map recorded concurrently with this notice on
____________ [date], by Board Resolution No. 2015/___, attached as Exhibit A.
In approving the final map recorded concurrently with this notice, the Board of Supervisors made the
following findings in accordance with Government Code section 66499.16, subdivisions (a) and (b)(2), as
set forth in the Board Order dated July 21, 2015, attached as Exhibit B:
1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes.
2. None of the improvements required to be made have been made within two years from the date
the final or parcel map was filed for record, or within the time allowed by agreement for
completion of the improvements, whichever is later.
As set forth in Exhibit B, the current owners of an interest in the real property within Subdivision No.
8920 are the following: 1486 Investors, LLC. Pursuant to Government Code section 66499.16,
subdivisions (a) and (b)(2), the owners of an interest in the real property within Subdivision No. 8920 are
not required to consent to the preparation and filing of the parcel map recorded concurrently with this
notice.
I hereby certify that Exhibits A and B are true and correct copies of actions taken and entered on the
minutes of the Board of Supervisors on the dates shown.
DAVID J. TWA, [SEAL]
Clerk of the Board of Supervisors
and County Administrator
By:_________________________ Attested on ___________________ [date].
Deputy